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Updated: May 1, 2025
In the reign of Henry IV., another case /2/ arose upon a covenant very like the last. But this time the facts were reversed. The plaintiff counted as heir, but did not allege that he was tenant of the manor. The defendant, not denying the plaintiff's descent, pleaded in substance that he was not tenant of the manor in his own right.
This question of fact, the court concluded, had properly been put to the jury along with the issue as to the effectiveness of the plaintiff's seizure of the slaves; and the verdict for the defendants was declared conclusive. This is the melodrama which the sober court record recites.
The young advocate clearly opened out the nature of the defence of adverse possession, and the philosophy upon which it rested; and explained that the defendant, to meet the plaintiff's paper case, must show that he and those under whom he claimed, had been in the open, continued, and notorious possession of the property for twenty years, before suit was brought, claiming to be the owners.
An editor of a newspaper holds up a literary man to the world as one anxious to obtain a small sum of money, in order to put it into Wall street, for 'shaving purposes. Now, the only material question raised was the true signification of the word 'shaving. If to say a man is a 'shaver, in the sense in which it is applied to the use of money, be bringing him into discredit, then was the plaintiff's declaration sufficient; if not, it was insufficient, being wanting in what is called an 'innuendo. The dictionaries, and men in general, understand by 'shaving, 'extortion, and nothing else.
The principles of the admiralty are embodied in its form of procedure. A suit may be brought there against a vessel by name, any person interested in it being at liberty to come in and defend, but the suit, if successful, ending in a sale of the vessel and a payment of the plaintiff's claim out of the proceeds.
"Not in the least." "You are an inmate of the plaintiff's house, I believe?" "I am." "But this has not always been the case?" "All my life with the exception of two years." "Your reason for the two years' absence had a connection with the plaintiff's mode of life, had it not?" "Not in the sense you wish to imply. It had a connection with our extreme poverty."
By degrees the room swam round, the faces of his comrades altered, the countenance of Old Bags assumed an awful and menacing air. He thought Long Ned insulted him, and that Old Bags took the part of the assailant, doubled his fist, and threatened to put the plaintiff's nob into chancery if he disturbed the peace of the meeting. Various other imaginary evils beset him.
The character of James makes it impossible to believe that a refractory Baron of the Exchequer would have been permitted to retain his post. There can be no reasonable doubt that the dissenting Judge was, like the plaintiff and the plaintiff's counsel, acting collusively.
In the example selected by Gaius, the suit is for a slave. The proceeding begins by the plaintiff's advancing with a rod, which, as Gaius expressly tells, symbolised a spear.
Exceptions are intended for the protection of the defendant, who is often in this position, that though the plaintiff's case is a good one in the abstract, yet as against him, the particular defendant, his contention is inequitable.
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